In general. The following accessory uses, buildings or structures shall be permitted by right, unless otherwise stated, provided that they are customarily incidental to the principal building, structure or use (on the same lot) and comply with other applicable provisions of this chapter.
A. Keeping of animals or fowl. [Amended 7-16-2002 by Ord. No. 129-O-02 ]
(1) Number. No more than six small animals (such as cats, birds or rabbits) may be kept on a lot with less then three acres; provided, however, that for every additional acre over three acres, you may keep two additional small animals. Such animals shall be limited to household pets as defined in § 240-6 of this chapter. No more than four adult dogs may be kept on a lot with less than three acres. No fowl may be kept on a lot of less than two acres.
(2) Commercial use. Commercial breeding or use of pets and animal husbandry shall not be permitted as an accessory use under this section.
(3) Large animals and fowl. For purposes of this section, a "large animal" shall be defined as an animal standing over 30 inches at the shoulder or weighing over 200 pounds. Large animals (such as cattle, horses and pigs, but excluding dogs) and fowl shall be stabled or housed in buildings which area minimum of 100 feet from any lot line. In order to keep horses for private, noncommercial recreational Use of the residents of the property where the horses are kept, there must be a minimum of two acres for the first horse and one acre for each additional horse. In order to keep goats or pigs for private, noncommercial recreational use of the residents of the property where the goats or pigs are kept, there must be a minimum of two acres to keep four goats or pigs and one additional acre for each additional pair of goats or pigs. All grazing and pasture areas for horses, goats and pigs must be fenced. In order to keep fowl for private, noncommercial recreational use of the residents of the property where the fowl are kept, there must be a minimum of two acres to keep 20 fowl and one additional acre to keep an additional 10 fowl.
(4) The person with the responsibility for the care of the animals shall keep the animals off private property which he/she does not have permission to use, and shall regularly collect and properly dispose of fecal matter from the animals in a sanitary manner that avoids nuisances for neighbors. Waste matter shall not be allowed to be carried by stormwater into waterways or onto other lots.
**Webmasters Note: The previous subsection, A., has been amended as per Ordinance No. 129-O-02.
B. [Amended 6-19-2001 by Ord. No. 129-C-01] Standard antenna. Before a building permit for the erection of a standard antenna and its support structure may be issued, the applicant must demonstrate compliance with the following regulations.
(1) Height. No standard antenna, including its supporting structure, shall have a total height, as defined in § 240-6, above the average surrounding ground level of greater than 75 feet in any district.
(2) Anchoring. Any standard antenna shall be properly anchored to resist high winds.
(3) Setbacks. The standard antenna support structure shall comply with the setbacks required for the zoning district of the property where the standard antenna support structure shall be located. The standard antenna shall not encroach into any front yard but may encroach into the side or rear yard, provided that no part of the standard antenna is closer than 10 feet from any rear or side lot line.
(4) Standard antenna support structure safety.
(a) Standard antenna support structures must be constructed from one of the following materials: aluminum, galvanized steel, other equally weather resistant steel or other materials approved by the Township Engineer. All ground-mounted standard antenna support structures exceeding 35 feet in height shall be erected in such a manner so as to be able to withstand a minimum wind velocity of 80 miles per hour (impact pressure of 25 pounds per square foot).
(b) The applicant shall demonstrate that the proposed standard antenna(s) and standard antenna support structure are designed and constructed in accordance with the Township Building Code and all applicable national building standards for such facilities and structures.
(c) The applicant shall demonstrate that the proposed standard antenna and standard antenna support structure are designed in such a manner so that no part of the facility will attract/deflect lightning onto adjacent properties.
(d) The applicant shall take appropriate measures to prevent unauthorized access or climbing onto the standard antenna and standard antenna support structure (for example, by installing fencing around the perimeter of the property where the standard antenna is located or the standard antenna support structure itself).
(5) Electrical requirements. All standard antenna support structures, whether ground- or roof-mounted, shall be grounded. Grounding shall be in accordance with the provisions of the National Electrical Code.
(6) Inspection by township. The Township Building Inspector shall inspect the foundation and the erection of the standard antenna support structure.
(7) Lighting. Standard antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No standard antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall conform to all FAA regulations. The applicant shalt promptly report any outage or malfunction of FAA mandated lighting to the appropriate governmental authorities and to the Township Secretary.
(8) Notification to neighboring properties. If a standard radio antenna is to be used in conjunction with a radio transmitter, or a standard antenna and/or standard antenna support structure is erected more than 10 feet above the existing structure to which it is attached, the applicant must present a written affidavit confirming that he has notified all property owners within 500 feet of his property of his intent to erect a standard antenna and/or standard antenna support structure and his pending application for a building permit for the same.
(1) See definition of "apartment for care of a relative" in § 240-6.
(2) Apartment for care of a relative shall be restricted to occupancy by a "relative," as defined in § 240-6, of a permanent resident of the principal dwelling unit on the property. A maximum of two persons shall inhabit such apartment.
(3) At least one resident of the apartment shall need care and supervision because of old age, disability, handicap, mental retardation/developmental disability or illness.
(4) Such dwelling unit shall be designed and installed in such a way that it can easily be reconverted into part of the principal dwelling unit after such relative no longer lives within it. Once the unit is no longer occupied by the relative, the dwelling shall be reconverted into part of the principal dwelling unit or be completely removed, and any kitchen, including the sink, stove, disposal, dishwasher and refrigerator and all plumbing and electrical connections thereto, which have been installed shall be removed. Prior to the use of such accessory apartment, the property owner shall execute an agreement on a form prepared by the Township which specifies the restrictions on the use of such accessory apartment and prohibits the property owner from renting the apartment to a nonrelative of the current property owner or future property owners. Such agreement shall be recorded in the Office of the Recorder of Deeds prior to the Zoning Officer issuing a use and occupancy permit for the accessory apartment. [Amended 7-16-2002 by Ord. No. 129-O-02 ]
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 129-O- 02.
(5) The occupants of the principal dwelling unit shall report any change in adults residing in such dwelling.
(6) Once an apartment under this section is required to be removed or reconverted, there shall be no physical evidence visible from exterior lot lines that a separate apartment existed.
(7) Such apartment shall not adversely affect the single-family residential exterior appearance of a dwelling.
(8) Such apartment may have its own kitchen.
(1) A day-care center may be provided within an approved area of a principal or accessory building.
(2) Any additional off-street parking needed for the center shall be provided on the same lot as the center. A minimum of one parking space shall be designed and reserved for the convenient and safe pickup and drop off of persons.
(3) The operation of such center shall be in accordance with applicable state standards, including having a valid state license and/or registration as required.
(4) A day-care center as an accessory use to a dwelling unit shall care for the following maximum number of persons at any point in time other than relatives of the operator of the use:
(a) For a single-family detached dwelling on a lot of 15,000 square feet or larger, a maximum of six.
(b) For any other dwelling unit, a maximum of three.
(5) Any day-care center serving four or more children shall have a safe, fenced outdoor play area.
(6) A day-care center that is accessory to a dwelling unit shall also meet the requirements for a home occupation, as stated in this section.
E. Fences and walls. [Amended 7-16-2002 by Ord. No. 129-O-02 ]
(1) Fences and walls which are erected in the side or rear yards shall not exceed six feet in height on a residential lot and eight feet in height on any other lot, except tennis court fences, which may not exceed 10 feet in height. Such fences may be solid.
(2) Fences and walls which are erected within the required front yard shall not exceed four feet in height and shall maintain a minimum one to one ratio of open to structural areas (such as a picket- style or split-rail fence).
(3) A fence or wall which is erected along the side street yard which extends to the rear property line shall not exceed four feet in height.
**Webmasters Note: The previous subsection, E., has been amended as per Ordinance No. 129-O-02.
F. Garages and other structures that are accessory to dwellings. A garage or other structure of 80 square feet or greater that is accessory to a dwelling shall not be located within a required front yard for a principal building, as specified in the applicable district regulations.
G. Garage sale.
(1) A garage sale (see definition in § 240-6) shall not include wholesale sales nor sale of new merchandise of a type typically found in retail stores.
(2) No garage sales shall be held on a lot during more than four days total in any three consecutive months.
(3) The use shall be clearly accessory to the principal use.
H. Private greenhouse. Private greenhouses shall be permitted, provided that they shall not include the outdoor storage of equipment and supplies and shall conform to the principal building setback regulations of the applicable district.
I. Helipad. The standards in § 240-31 for a principal use shall apply to an accessory use also.
J. Home occupation. [Amended 1-2-2001 by Ord. No. 129-A-01; 10-21-2003 by Ord. No. 129-L-03]
(1) Where allowed. A home occupation shall be permitted by conditional use of the Board of Supervisors as an accessory use to a single-family detached dwelling. Such use must conform to the accessory use regulations of the zoning district in which the property is located and all standards listed in this section. The permit for a home occupation which has been approved as a conditional use shall not be transferrable unless it is for the identical home occupation as previously existed, and shall be subject to both the rules and regulations of this chapter and reissuance of a permit by the Zoning Officer.
(2) Number of uses. Only one home occupation or one home-related business shall be permitted on any one lot. No lot shall be permitted to have both such uses.
(3) Procedures for obtaining a permit for a home occupation. Upon determination that the proposed use is a home occupation and allowable as a conditional use in the zoning district for which the use is proposed, the Zoning Officer shall require the applicant to complete and file a conditional use application with the Board of Supervisors in accordance with § 240-31B. If the Board of Supervisors grants the conditional use for the Home Occupation, the Zoning Officer shall issue a zoning permit subject to compliance with the applicable standards of this section and any conditions imposed by the Board.
(4) Inspections. Prior to the issuance of a zoning permit, the Zoning Officer shall inspect the proposed dwelling which is the subject of the conditional use application to ensure that the dwelling unit, accessory structure and/or lot to be utilized for the home occupation comply with all applicable Township ordinances and regulations and any applicable laws or regulations promulgated by other regulatory authorities having jurisdiction of any aspect of the property affected by the proposed use. Home occupation permits shall be issued and valid for a period of one year from the date of issuance and shall be renewable annually for the approved home occupation, subject to an annual inspection of the property by the Zoning Officer and the permittee"s payment of the renewal fee as established by resolution of the Board of Supervisors.
(5) Complaints. As a condition of the issuance of any permit, the applicant shall be deemed to have agreed that the Zoning Officer shall have the right to inspect the property for which the home occupation permit has been issued if the Zoning Officer either receives a complaint of violation of the permit which he finds to be reasonably reliable or the Zoning Officer has other reasonable grounds to believe that the conditional use approval and/or the permit are being violated. Failure of the permittee, owner or occupant to provide access to the Zoning Officer shall result in either revocation of the permit, or the Zoning Officer, in his discretion, may apply to a Judge of the court having jurisdiction for an administrative search warrant.
(6) Standards. A home occupation must comply with all of the following standards:
(a) Use. The home occupation must be an accessory use clearly incidental to the residential use of the dwelling and shall be conducted entirely within the principal dwelling unit where the owner of the dwelling and operator of the home occupation resides, or within a structure accessory to the principal residential dwelling located on the same lot as the principal residence.
(b) Size. The use shall not exceed a total area of 500 square feet, including any accessory space or structure and/or storage space.
(c) Appearance. There shall be no change in the outside appearance of the dwelling unit, accessory structure and/or lot as they existed on the date of issuance of the home occupation permit arising from the home occupation use or other visible evidence of the conduct of such home occupation, except for a sign which complies with the provisions in this section. The residential character of the neighborhood shall not be changed as a result of the home occupation.
(d) Nuisance. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to normal senses beyond the property line in excess of levels customarily generated by a residential use. No burning, heating or other process will take place which might produce toxic or noxious odors, fumes or gasses.
(e) Storage. No outside storage, display or testing of materials, equipment or products shall be permitted. A dumpster shall not be brought onto the lot, or be utilized upon the lot, for the use of the home occupation.
(f) Requirements. All home occupations shall comply with all requirements of any regulatory agency having jurisdiction over the occupation and related practices carried out upon the lot for which the permit is issued.
(g) No violations. No permit shall be issued for any home occupation for a lot that is wholly or partly in violation of any Township ordinance.
(h) Employees. Nonfamily members or nonresident family members working on the property shall not exceed one person, including any independent contractor. A person serving as an employee for the home occupation shall be considered an employee for the purpose of this section whether or not the person receives any remuneration.
(i) Hours of operation. The home occupation shall not be open to the public before 7:00 a.m. or after 10:00 p.m., prevailing time.
(j) Parking. Any additional parking needs shall comply with the standards as enumerated for home occupations in § 240-33 of this chapter. There shall be a maximum of two additional spaces allowed. All parking for the home occupation shall occur only in either a side or rear yard.
(k) Servicing by truck. Pickup and delivery of parcels shall be limited to four vehicular trips per day and shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Any event requiring the utilization of a tri-axle vehicle shall be limited to no more than two vehicle trips per week. Truck visits, for any purpose, shall be counted in the vehicular trip allowance specified below in Subsection J(6) below.
(l) Traffic. The traffic generated by the home occupation shall not exceed 16 vehicular trips per day, i.e., eight trips in and eight trips out.
(m) Sign. Only one nonilluminated identification sign, not to exceed two square feet, shall be permitted. Such sign shall generally be of neutral color(s) (such as earth tones) and not day-glow or garish colors. The allowable sign may be placed on the exterior of the residence or as an attachment to a mailbox post which is installed in the public right-of-way and meets the approval of the U.S. Postal Service and which houses an approved mailbox. A sketch of any proposed sign shall accompany the conditional use application.
(n) Solid waste and sewer discharge. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) Uses not permitted. The following occupations/businesses are expressly not allowed as a home occupation and such uses will not be granted a permit or conditional use approval as a home occupation:
(a) Animal hospital or animal shelter.
(b) Auto or small engine repair or any parts or components thereof.
(c) Any business or corporation with more than two nonresident or nonrelated partners or officers working at the site on a regular basis.
(d) Boarding home.
(e) Funeral parlor or undertaking establishment.
(f) Furniture stripping.
(g) Gift or antique shop.
(h) Kennel, commercial kennel or commercial stable.
(i) Medical or dental clinic with more than one doctor or dentist.
(j) Painting of vehicles, trailers or boats.
(k) Private school.
(l) Rental business.
(m) Restaurant.
(n) Rooming house.
(o) Welding shop.
(p) Animal training.
(q) Any adult use.
(r) Sale or manufacture of fireworks.
(s) Tar and roofing business.
(t) Other uses of a similar character as those listed above.
(u) Any use or activity which creates a nuisance.
**Webmasters Note: The previous subsection, J., has been amended as per Ordinance No. 129- L-03.
K. Home-related business. [Amended 1-2-2001 by Ord. No. 129-A-01]
(1) Workers. Non-family-members, nonresident family members, or independent contractors working on the property, whether receiving remuneration or not, shall not exceed two persons. Persons assisting with the administration of the home-related business shall be considered workers regardless of whether they receive remuneration or not.
(2) Sign. Except for vehicular signs as defined in §240-6, no sign shall be permitted on the property indicating the presence of a home-related business.
(3) Size. The use shall not exceed 500 square feet of the total floor area of the dwelling unit, including any accessory structure or space used for storage.
(4) Parking and loading. Adequate space for off-street parking and loading related to the home-related business shall be provided in accordance with §240-33 of this chapter. The workers of the home-related business and all business vehicles as described in §240-32K(8) shall park in the parking spaces which are provided for such use. Such parking spaces shall be located only to the side or to the rear of the dwelling unit containing the home-related business and shall meet the following conditions:
(a) The parking area shall be screened from the direct view of an adjacent residential use or a road by a wall or solid fence, five feet high or a completely planted visual barrier consisting of evergreen trees with a minimum planted height of six feet at the time of planting and placed no more than ten feet on center. Evergreens that have the natural habit of losing their lower branches over time shall not be used as screening. The required trees shall be staggered so as to provide as complete a visual barrier as is possible. The owner shall be the Zoning Officer. An inspection by the Zoning Officer shall be required prior to the issuance of any such permit.
(14) Location. A home-related business shall take place only on a lot containing a single family detached dwelling and shall be conducted only within the dwelling unit or an accessory structure allowed as an accessory use in the zoning district in which the lot is located; except that a home-related business may be conducted from a multifamily dwelling unit, provided that there shall be no non-family workers or nonresident family workers and there shall be only one business vehicle permitted.
L. Horse barn. Structures for the shelter of horses belonging to the occupant of the property shall be permitted with the following restrictions.
(1) The lot shall contain a minimum of two acres.
(2) All barns shall be at least 100 feet from all property lines.
(3) No manure shall be stored within 100 feet of the property lines.
(4) All manure shall be collected on a regular basis and be disposed of in a sanitary manner that avoids nuisances for neighbors. Manure shall not be allowed to be carried by stormwater into waterways or onto other lots.
M. Outdoor storage and display, commercial or industrial (not including routine display of vehicles or plants for sale or lease).
(1) Location. Outside storage or display shall not occupy any part of the street right-ofway, any area intended or designed for pedestrian use, any required parking areas or any part of the required front yard.
(2) Size. Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage. Uses requiring more land area for storage or display may apply for a special exception by the Zoning Hearing Board. In no case shall more than 25% of the lot area be used in outdoor storage or display.
(3) Shielded from view. Outside storage areas shall be shielded from view from the public streets and abutting residential property.
N. Recreational vehicle storage. In all residential districts, recreational vehicles (see definition in §240-6, which includes camping trailers) shall be parked, stored or otherwise located only to the rear or side of a principal building or in a garage, and shall not be stored within the required front yard, except as necessary for routine occasional loading and unloading. No recreational vehicle or unit shall be stored closer than 10 feet to the side or rear lot line of an abutting dwelling
**Webmasters Note: The following section has been amended as per Supplement No. 14.
O. Solar energy system. A solar generating energy system shall be permitted. No such system shall deny solar access of adjacent lots, exceed the maximum height regulations for the zoning district in which it is located or be located within the front yard or a required minimum side or rear yard.
P. Storage sheds.
(1) Storage sheds of only a single story and a maximum floor area of 80 square feet and a maximum height of 12 feet at its highest point shall be placed or erected in a comer of the rear yard and be placed a minimum of five feet from the rear lot line and five feet from the side lot line.
(2) Any other size of accessory building shall conform to the applicable yard requirements for principal buildings.
Q. Swimming pool.
(1) Pools shall be located behind the building setback line and in no case shall the edge of water be closer than 25 feet to any lot line.
(2) Fencing
(a) All pools shall have a permanent enclosure erected and maintained that entirely and completely surrounds the pool. The enclosure shall extend not less than four feet above the ground. All gates shall be self-closing self-latching and lockable with latches placed at least four feet above the ground. The enclosure shall be constructed so as to prohibit the passage of a sphere larger four inches in diameter through any opening or under the fence. Fences shall be designed and constructed to withstand a horizontal concentrated load of 200 pounds applied on a one-square-foot area at any point of the fence/enclosure.
(b) Aboveground pools (which shall include pools less than 10% in-ground) shall not require a fence if the walls of the pool are at least four feet above grade on all sides, but any fixed stairway or entranceway shall be entirely and completely enclosed to a height of four feet above around, and any gate shall be self-closing self-latching and lockable with no openings that will pass a sphere greater than four inches in diameter. Any removable access, such as a ladder, need not comply, but must be removed when not in use.
(3) The land area occupied by a pool and any accompanying structure shall be included in the impervious coverage percentage.
(4) If the pool is supplied from a private well, there shall be no cross-connection with a central water supply system. All water supply inlets shall be above the overflow level to the pool.
(5) No swimming pool shall have a drainage system connected to the sanitary sewers. All methods of drainage shall be stated on the Zoning Permit and be approved by the Township Engineer.
(6) No loudspeaker or amplifying system shall be permitted which will project sound beyond the boundaries of the property.
(7) All lighting shall be located as not to shine directly beyond the limits of the property.
R. Temporary structure or use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
(1) Duration. The life of such pen-nit shall not exceed one year and may be renewed annually for an aggregate period of not more than three years.
(2) Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the township.
S. Tennis court. Private tennis courts shall be permitted, provided that they are not located within a front yard; they conform to the side and rear yards for principal buildings in the applicable district; and they have no lighting shining from the subject lot directly onto the lot of another dwelling.
T. Windmill.
(1) All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base of such windmill.
(2) No windmill shall be permitted that permits any vane, sail or rotor blade to pass within 10 feet of the ground.
(3) All electrical wiring leading from a windmill shall be located underground.
(4) No windmill (except the blades) shall exceed the maximum building height of the zoning district in which it is located.
(5) A windmill shall be located at least two times its total height (Including blades) from any building or property not owned by the owner of the windmill, or any street line.
U. No-impact home-based business. Upon issuance of a permit by the Zoning Officer and payment of all applicable fees as determined by resolution of the Board of Supervisors, a no-impact home-based business shall be permitted by the Township in all zoning districts as an accessory use to a single-family detached dwelling. A no-impact home-based business must comply with all of the following criteria: [Added 10-21-2003 by Ord. No. 129-L-03]
(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no employees other than family members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature. Sales made via electronic media or other external solicitation shall be permitted.
(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity
**Webmasters Note: The previous subsection, U., has been added as per Ordinance No. 129-L- 03.
